JRP Old Riverhead Ltd. v. Town of Southampton
| Decision Date | 25 May 2010 |
| Citation | 902 N.Y.S.2d 603,73 A.D.3d 1130 |
| Parties | JRP OLD RIVERHEAD LTD., appellant, v. TOWN OF SOUTHAMPTON, et al., respondents. |
| Court | New York Supreme Court — Appellate Division |
73 A.D.3d 1130
JRP OLD RIVERHEAD LTD., appellant,
v.
TOWN OF SOUTHAMPTON, et al., respondents.
Supreme Court, Appellate Division, Second Department, New York.
May 25, 2010.
Hamburger, Maxson, Yaffe, Knauer & McNally, LLP, Melville, N.Y. (
Devitt Spellman Barrett, LLP, Smithtown, N.Y. (John M. Denby of counsel), for respondents.
WILLIAM F. MASTRO, J.P., THOMAS A. DICKERSON, ARIEL E. BELEN, and CHERYL E. CHAMBERS, JJ.
In an action, inter alia, to recover damages for injury to property and for injunctive relief, the plaintiff appeals, as limited by
ORDERED that the order is modified, on the facts and in the exercise of discretion, (1) by deleting the provisions thereof denying those branches of the plaintiff's motion which were to compel the defendants to comply with discovery demands numbered 3, 4, 5, and 14, and substituting therefor provisions granting those branches of the motion, and (2) by deleting the provisions thereof denying those branches of the plaintiff's motion which were to compel the defendants to comply with discovery demands numbered 2, 7, and 8; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for an in camera inspection of documents responsive to those demands, and thereafter for a new determination of those branches of the plaintiff's motion which were to compel the defendants to comply with discovery demands numbered 2, 7, and 8.
The plaintiff alleges that the defendants Town of Southampton and the Superintendent of Highways (hereinafter together the Town) are liable for flood damage to its real property because of, among other things, the Town's negligent maintenance and repair of certain storm drains. In 2001 the Town and the plaintiff's attorneys placed a stipulation of settlement on the record in open court (hereinafter the 2001 stipulation), which required the Town, inter alia, to pay the plaintiff the principal sum of $8,500 and to complete work necessary to resolve the drainage problem by...
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...privilege because it was not prepared at the behest of the Quality Assurance committee. JRP Old Riverhead Ltd. v. Town of Southampton , 73 A.D.3d 1130, 902 N.Y.S.2d 603 (2d Dept. 2010). In action to recover injury to property resulting from claim of negligent maintenance of storm drains, on......
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Objecting during depositions
...privilege because it was not prepared at the behest of the Quality Assurance committee. JRP Old Riverhead Ltd. v. Town of Southampton , 73 A.D.3d 1130, 902 N.Y.S.2d 603 (2d Dept. 2010). In action to recover injury to property resulting from claim of negligent maintenance of storm drains, on......